In the aftermath of suspension of IAS Durga Nagpal, a Uttar Pradesh Cadre Indian Police Service(IPS) officer Amitabh Thakur has sent a representation to the Secretary, Department of Personnel and Training, proposing certain changes in the suspension related rules.
In his representation Thakur said he personally had suffered when he was suddenly suspended on December 31 2004 to be found not-guilty later on May 10 2007. Presenting various RTI information about many police officers and engineers in UP who were later found innocent or non-guilty, he says in a statement here on Sunday that such information suggest possibilities of anomalies and discrepancies.
As per the representation, though the Constitution Bench of Supreme Court in R P Kapur vs. Union of India (1964 AIR 787) said that the employer has a right to suspend his employee pending an inquiry into his conduct, but as stated by Supreme Court in State of Orissa Vs. Bimal Kumar Mohanty (A.I.R. 1994 SC 2296) and other cases, order of suspension shall not to be passed in a routine manner because it has disastrous impact on the employee in various ways.
Hence Thakur suggested that suspension related rules shall be so amended that it is resorted to after proper application of mind, only where there are substantial facts and reasons for suspension. Also, in all such cases where these charge was not substantiated or the employee is completely exonerated, the case shall be scrutinized to fix responsibility of the officers who played key role in such suspension and the officer so suspended shall be suitably compensated for his pains, travails and humiliations.